BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14 .02.2025 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.22188 of 2024 Sivabalan ... Petitioner / Accused No.1 Vs State through the Inspector of Police, Kodaikanal Police Station, Dindigul District. [Crime No.57 of 2024] ... Respondent / Complainant For Petitioner : Mr.Jeya Aron Raja.J, Advocate For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS (Sec.439 of Cr.P.C) PRAYER :- For Bail in 57 of 2024 on the file of the respondent Police in CC.No.252 of 2024 on the file of the Principal Special Judge for EC and NDPS Act Cases, Madurai. 1/6 https://www.mhc.tn.gov.in/judis ORDER: The Court made the following order :- The respondent police registered a case as against the petitioner in Crime No.57 of 2024 for the offence under Sections 8(c) r/w 22(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and remanded him into judicial custody on 18.02.2024. Therefore, the petitioner is before this Court. 2.The case of the prosecution is that the petitioner and the other accused were in possession of 55 gms of magic mushroom. 3.The earlier application filed by this petitioner in CrlOP(MD)Nos.8443, 19903 and 11500 of 2024 were dismissed by this Court that the investigation was at initial stage. Now it is reported that the final report in Crime No.57 of 2024 has been filed and it is also taken on file by the Special Court for Trial of EC and NDPS Act cases, Madurai in CC.No.252 of 2024. Charges have been framed and the case is posted for examination of witnesses. 4.The learned Counsel for the petitioner by referring to the final report and the orders of this Court in Crl OP(MD)Nos.6307, 6335 and 3727 of 2024, dated 08.08.2024 submits that the quantity of phsychotrophic substance in the alleged magic 2/6 https://www.mhc.tn.gov.in/judis mushroom has not been identified and therefore, the contraband said to have been recovered from this petitioner cannot be termed as that of a physhotropic substance of commercial quantity. Therefore, prayed that the petitioner be enlarged on bail. 5.The learned Additional Public Prosecutor raisd objection for grant of bail that the earlier bail applications were dismissed by this Court. 6.This Court considered the submissions made on either side and perused the materials placed on record. 7.The forensic report is placed before this Court. The forensic report reveals the presence of psilocybin in the sample. However, the percentage of psilocybin is not stated. This Court has already passed an order in the above referred bail applications that in the absence of the percentage of psilocybin in the magic mushroom said to have been recovered from the accused , it cannot be treated as that of the possession of the commercial quantity of psychotrophic substance and granted bail to the similarly placed persons. Similar view has been taken by this court in Crl.OP(MD) No.19504 of 2024, dated 27.11.2024 and also in CrlOP(MD)No.21643 of 2024. 3/6 https://www.mhc.tn.gov.in/judis 8.In view of thea above, this petitions is allowed. The petitioner is ordered to be released on bail on the following conditions: i. The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the learned Principal Special Judge for EC and NDPS Act Cases, Madurai. ii.The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; iii.The petitioner shall appear before the trial Court daily at 10.30 am until further orders. He has to co-operate for the trial. iv. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well in all the hearings; 4/6 https://www.mhc.tn.gov.in/judis v.On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail; Sd/- 14/02/2025 / TRUE COPY / 17/02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. dsk TO 1 THE PRINCIPAL SPECIAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE, KODAIKANNAL POLICE STATION, DINDIGUL DISTRICT. 5/6 https://www.mhc.tn.gov.in/judis 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2 CC to M/s.J.JEYA ARON RAJA, Advocate ( SR-1645[I] dated 14/02/2025 ) ORDER IN CRL OP(MD) No.22188 of 2024 Date :14/02/2025 ES/VR/SAR/17.02.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6 https://www.mhc.tn.gov.in/judis